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Author: Sandra Marco Colino Publisher: Routledge ISBN: 135195329X Category : Business & Economics Languages : en Pages : 530
Book Description
Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.
Author: Sandra Marco Colino Publisher: Routledge ISBN: 135195329X Category : Business & Economics Languages : en Pages : 530
Book Description
Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.
Author: Sandra Marco Colino Publisher: Routledge ISBN: 9780754629085 Category : Antitrust law Languages : en Pages : 0
Book Description
This volume brings together leading articles on the regulation of joint conduct under competition law on both sides of the Atlantic. The articles discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.
Author: Sandra Marco Colino Publisher: ISBN: Category : Languages : en Pages : 19
Book Description
Antitrust and competition law have grown dramatically in importance and significance over the last fifty years. US antitrust law has been the principal source of inspiration for jurisdictions wishing to introduce regulation to control cartels and monopolization, and antitrust regulation has now been adopted in more than 120 countries. The significance of this 'new' field of law continues to grow as more and more antitrust cases are brought to the courts in Europe and the US, and with operators becoming increasingly inventive. The Library of Essays on Antitrust and Competition Law gathers some of the most relevant literature covering on the principal aspects of the subject. Each of the three volumes focuses on a distinct area of economic activity affected by antitrust law: cartels and anti-competitive agreements; dominance and monopolization; and mergers and acquisitions. The selected essays cover the legal, economic and policy issues relating to attempts to regulate competition and provide insight into legal issues which have proven to be particularly relevant and contentious over the years. The series brings together the best of the extensive literature that has been published in this fast-moving field in recent years, and is an invaluable resource for both students and lecturers. This paper opens Volume I, and explains the relevance of the pieces chosen to cover the principal relevant areas: the aims and scope of the prohibition of anti-competitive joint conduct, horizontal agreements, vertical agreements, and procedure.
Author: Christopher Harding Publisher: ISBN: 0199551480 Category : Law Languages : en Pages : 439
Book Description
One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.
Author: Martin Shanahan Publisher: Taylor & Francis ISBN: 1000606163 Category : Business & Economics Languages : en Pages : 235
Book Description
International cartels are powerful organizations that impact our everyday lives, although they are little known. This book presents 15 historical case studies of international cartels that include agricultural and mineral commodities, the machinery industry, telephone equipment, whiskey and cement. These cases reveal that international cartels manipulated prices and shared markets over many decades but that their real impact was far wider. The global convergence towards criminalizing serious cartel conduct has seen a revival in historical research on cartels and competition policy. The regulation of anti-competitive behaviour has changed over time. To understand why the US, European and other modern economies altered their policies through the 20th century, it is critical to understand when, how and why governments have interacted with, and been influenced by, business organizations such as cartels. This volume draws together researchers from different nations to examine the impact of international cartels on the experience of individual nations, those nations’ interactions with one or more international cartels, and ultimately the interactions of individual nations with the wider international community. This book will be of interest to researchers, academics and advanced students in the fields of business and economic history, political economy, and government policy, as well as those interested in cartels and their impact on the wider economy.
Author: Eduardo Molan Gaban Publisher: Kluwer Law International B.V. ISBN: 9041142940 Category : Law Languages : en Pages : 448
Book Description
This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.
Author: Bruce Wardhaugh Publisher: Cambridge University Press ISBN: 1107512549 Category : Law Languages : en Pages :
Book Description
This study of the normative justification for the use of criminal sanctions as a means of cartel control goes beyond the historical and economic viewpoints by adding a normative evaluation of anti-cartel regimes and analysing cartel control in the USA, Europe and the UK. The analysis is unique in seeking to establish why, in a liberal society, criminal sanctions should apply to individuals who participate in this sort of activity. Although cartels have been rhetorically likened to theft and fraud, there are significant differences. Notwithstanding these differences, Cartels, Markets and Crime presents an argument for the criminalisation of economic collusion and, with this argument in mind, analyses the regimes of the USA, EU and UK and considers the possibility of global convergence.
Author: Barry J. Rodger Publisher: Routledge ISBN: 1317907167 Category : Law Languages : en Pages : 335
Book Description
Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy to follow overview of the subject for course use. The fifth edition provides a full update for this well-established title, presenting and contextualising the impact of key cases, as well as changes to enforcement practice, and at a legislative and institutional level. There are new, separate chapters in this edition on private enforcement and UK market investigations to reflect the increasing significance of these key areas of competition law practice. Competition Law and Policy in the EU and UK integrates useful pedagogical features to help clarify topics and reinforce important points: chapter overviews and summaries highlight the key points to take away from each chapter to structure student learning discussion questions facilitate self-testing and seminar discussions of the major issues covered in each chapter, to help reinforce understanding of these topics further reading lists additional resources in order to guide research and develop subject knowledge a new glossary provides succinct explanations of competition law terminology, ideal for those studying the topic for the first time Clear, focused and student-friendly, this title offers a comprehensive resource for students taking competition law courses, and is supported online by updates to the law offered on Angus MacCulloch’s blog, Who’s Competing (http://whoscompeting.wordpress.com/).
Author: Brendan J. Sweeney Publisher: Routledge ISBN: 113521204X Category : Business & Economics Languages : en Pages : 448
Book Description
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
Author: International Trade Centre Publisher: United Nations ISBN: 9213614853 Category : Political Science Languages : en Pages : 84
Book Description
This book provides a wide range of examples of the impact of anti-competitive practices and arrangements on developing country suppliers. Anti-competitive practices and market structures undercut export market opportunities and the productive capacities on which developing country businesses depend. The publication focuses on the impact of state monopolies and abuses of dominant positions in infrastructure markets, the impact of anti-competitive practices in the international distribution and retail sector, and the effect of international cartels. The role and response of the private sector is discussed, as well as the scope for enhanced international cooperation to address these issues.
Author: Sandra Marco Colino
Author: Sandra Marco Colino
Author: Sandra Marco Colino
Author: Sandra Marco Colino
Author: Christopher Harding
Author: Martin Shanahan
Author: Eduardo Molan Gaban
Author: Bruce Wardhaugh
Author: Barry J. Rodger
Author: Brendan J. Sweeney
Author: International Trade Centre